Order in Council

At Wellington this 2nd day of September 2013

Present:The Right Hon John Key presiding in Council

Pursuant to section 77(2)(a) of the Trans-Tasman Proceedings Act 2010, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

2 Commencement

(1)This subclause declares a fine for a criminal offence under a provision of the specified Australian legislation to be a regulatory regime criminal fine for the purposes of subparts 5 and 8 of Part 2 of the Trans-Tasman Proceedings Act 2010.

(2)The reference in subclause (1) to the provision includes (without limitation) a reference to any provision of any subordinate legislation (however described) that is made—

(a)under an Act of the Parliament of, or of a State or Territory of, Australia; and

(b)in connection with, or for the purposes of, the provision.

(3)Subclause (1) applies even if the criminal offence under the provision relates to a contravention of, or relates to a fine in or calculated under, or is extended in its application or operation by, any other provision in or made under an Act of the Parliament of, or of a State or Territory of, Australia.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which is made under the Trans-Tasman Proceedings Act 2010 (the Act), comes into force (as do most of the Act's provisions) on 11 October 2013. It declares fines for criminal offences under specified Australian legislation to be regulatory regime criminal fines for the purposes of provisions of the Act on recognition and enforcement in New Zealand of Australian judgments.

The effect of the declaration is that judgments imposing the fines are treated as registrable Australian judgments under the Act. This order prescribes no conditions with which judgments of that kind must comply in order to be recognised and enforced in New Zealand. At the time of the making of this order, the following legislation was available at the following Internet sites:

the specified Australian legislation (other than the specified State or Territory consumer laws in force before 1 January 2011): http://www.comlaw.gov.au

the specified application laws of the 5 specified Australian States or Territories, and the 3 specified State or Territory consumer laws: http://www.austlii.edu.au